IN THE CASE OF:	  

		BOARD DATE:	   15 May 2014 

		DOCKET NUMBER:  AR20130016391 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his service in Vietnam and award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he served as a military policeman (MP) in the Army and he was sent to Vietnam under special orders.  He was originally stationed at Camp Ames, South Korea, when he received the orders.  His Vietnam service should be reflected on his DD Form 214.  The Department of Veterans Affairs (VA) has conceded that he served in Vietnam.

3.  The applicant provides copies of his DD Form 214 and a letter from the VA.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 27 May 1971 and he held military occupational specialty 95B (MP).

3.  His DD Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he received overseas service credit for the Far East Pacific Area-Republic of Korea from 18 July 1972 through 21 September 1973 – no other foreign service is shown
* item 38 (Record of Assignments) – he was assigned to the 110th MP Company, U.S. Army Pacific, Korea, from 24 July 1972 through his departure from Korea

4.  He was released from active duty on 24 May 1974.  He completed 2 years, 11 months, and 28 days of net active service and 1 year, 2 months, and 4 days of foreign service.

5.  His DD Form 214 shows in:

* item 19 (Indochina or Korea Service Since August 5, 1964) – an "X" in the "yes" block and the period 18 July 1972-21 September 1973 (a total of 1 year, 2 months, and 4 days)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar
* item 27 (Remarks) – "Last FST [foreign service theater]:  ROK"

6.  His service personnel records contain no orders or other evidence showing he served in Vietnam on a permanent or temporary duty (TDY) basis.

7.  He provided a copy of a letter from the VA, dated 1 November 2008, which stated that according to VA records he was stationed in Vietnam during his military service and advised him about VA disability compensation benefits that may be available to veterans who served on the ground or the island waterways of Vietnam between 9 January 1962 through 7 May 1975.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulation states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

9.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated for:

* item 19 – place an "X" in the block for Vietnam service and enter the specific dates of service
* item 27 – list the country in which the last period of overseas service was performed

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960), the evidence failed to show his entitlement to these awards.

2.  The evidence shows he served in Korea from 18 July 1972 through 21 September 1973, a period of 1 year, 2 months, and 4 days which is properly shown on his DD Form 214.  There is no documentary evidence in his service personnel records and he did not provide sufficient evidence showing he served in Vietnam on a permanent or TDY basis or for any length of time during his period of active duty service.  Therefore, he is not entitled to correction of his DD Form 214 to show he served in Vietnam.

3.  If he has copies of TDY orders, travel orders, or any documentation showing he served in Vietnam, he may reapply to the Board.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______________X___________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130016391



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ABCMR Record of Proceedings (cont)                                         AR20130016391



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